Cheney pressed Bush to test Constitutional limits by using military force on US soil to arrest “suspected terrorists”

According to a story in Friday’s New York Times, Vice-President Cheney advocated in 2002 for the Bush administration to send military troops to Buffalo to arrest the so-called Lackawanna Six as enemy combatants.

This would have violated both Fourth Amendment guarantees against search and seizure without probable cause and the Posse Comitatus Act of 1878, which makes it illegal to use the military for law enforcement.

Despite those prohibitions, Cheney argued that the president did have the power to use the military on US soil, citing an October 23, 2001 Justice Department memorandum co-authored by John Yoo which claimed that presidential power extended to the domestic use of the military as long as it served a national security purpose.

The Lackawanna Six were a group of young Yememi-Americans who had attended an al Qaeda training camp in 2001. They were arrested in September 2002, and President Bush bragged of having broken their “cell” in his January 2003 State of the Union address.

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